Presenter
Presented by Mr. Motznik
AS AMENDED
Title
An Ordinance amending and supplementing the Pittsburgh code, Title Seven: Business Licensing, Article VII: Services Businesses, Chapter 763: Parking Lots, Section 763.02 Definitions and Section 763.12 Nonconsensual towing of vehicles from nonresidential parking places.
Body
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. The Pittsburgh Code, Title Seven, Business Licensing, Article III Services Businesses, Chapter 763: Parking Lots, Section 763.02. Definitions is supplemented as follows:
(a) GATELESS AUTOMATED LOT ("GAL"). a Nonresidential Parking Place (as defined above) without gates, chains, fences or other physical barriers across all entrances/exits that provides an automated mechanical system designed to allow the payment of money in exchange for designated parking spaces without the need for a human parking attendant. In the event the automated mechanical system is not fully functional, the Nonresidential Parking Place shall not be defined as a GAL.
(l) GATELESS HONOR BOX LOT. A non-residential parking place as defined in section 763.02 (k), without gates, chains, fences or other physical barriers across all entrances/exits. An Honor Box Lot provides a system that is designed to allow the payment of money in exchange for a designated parking space without the need for a continuous on-site parking lot attendant.
In the event that the "Honor Box" system is not fully functional, the non-residential parking place shall not be defined as a "Gateless Honor Box Lot."
(m) 24 Hour Accessory Use Lot. A parking lot that is used for the employees, customers or visitors to a business that is open 24 hours per day for at least five (5) out of seven (7) days of the week.
Section 2. The Pittsburgh Code, Title Seven: Business Licensing, Article VII Services Businesses, Chapter 763: Parking Lots, Section 763.12. Nonconsensual towing of vehicles from nonresidential parking places is amended as follows:
(a) In order for the operator of a Nonresidential Parking Place to remove or have removed a motor vehicle without the prior consent or authorization of the owner or operator of the vehicle under the authority of 75 Pennsylvania Consolidated Statutes annotated Section 3353(c), at the time the motor vehicle entered the Nonresidential Parking Place the operator must have been in full compliance with the Department of Transportation regulations set forth in Pennsylvania Code Sections 217.1, et seq. as to public notice signs, sign placement, sign size, nighttime visibility or other regulations promulgated hereafter. Any person violating this paragraph (a) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than fifteen dollars ($15.00) per violation.
(b) In order for the Operator of a Nonresidential Parking Place to remove or have removed a motor vehicle without the prior consent or authorization of the owner or operator of the vehicle under the authority of 75 Pennsylvania Consolidated Statues Annotated Section 3353(c), at the time the motor vehicle entered the Nonresidential Parking Place the Operator must have a valid Nonresidential Parking Place Insignia for the Nonresidential Parking Place issued by the License Officer. The License Officer shall not issue a Nonresidential Parking Place Insignia for any Nonresidential Parking Place until the Bureau of Building Inspection has inspected the Nonresidential Parking Place and determined that it is in full compliance with the Pennsylvania Code's regulations on public notice signs, sign placement, sign size, nighttime visibility or other regulations promulgated hereafter. Additionally, the License Officer shall ensure that the Nonresidential Parking Place is in full compliance with subsection (d) of this Section before issuing a Nonresidential Parking Place Insignia.
Except for Gateless Honor Box Lots as defined in Section 763.02(l) and 24 Hour Accessory Use Lots as defined in Section 763.02 (m) GALS, the failure to use barricades as required in subsection (d) shall be grounds for revocation of the Nonresidential Parking Place Insignia. The restoration of the Parking Insignia after revocation for noncompliance with any part of this Section shall be $250.00 for the first offense within the licensing year and $500.00 for each subsequent offense within the licensing year. The License Officer shall provide the necessary rules, regulations and procedures for obtaining Nonresidential Parking Place Insignia. The annual fee for this License is one hundred dollars ($100.00) ($103.00).
(c) This Section shall not apply to motor vehicles that are classified as "abandoned vehicles" pursuant to the definition set forth in 75 Pa. C.S. § 102.
(d) In order for the owner/operator of a Nonresidential Parking Place to obtain an annual license (pursuant to subsection b) to allow the towing of vehicles from the Nonresidential Parking Place, the owner/operator of the Nonresidential Parking Place shall be required to place a physical barrier (such as a chain or fence) across all entrances/exits to the Nonresidential Parking Place, so as to prevent unauthorized vehicles from parking on the lot of the Nonresidential Parking Place when the lot is not in operation for use by customers. If the owner/operator of Nonresidential Parking Place does not supply an adequate barrier to prevent unauthorized vehicles from accessing the lot or if the owner/operator of the lot fails to utilize such barriers, then no towing from the lot will be authorized. The owner/operator of the lot shall be fined $1,000 .00 for each occurrence of an unauthorized vehicle being towed, when the owner/operator of the Nonresidential Parking Place failed to adequately barricade the lot, so as to prevent the unauthorized parking. This subsection (d) shall not apply to Gateless Honor Box Lots or to 24 Hour Accessory Use Lots. GALS.
(e) Tow truck operators are required to immediately notify the Police Bureau's Index Department regarding the make, model and license plate of each towed vehicle, as well as the location of the stored vehicle and fees for recovery.
(f) All owner/operators of Nonresidential Parking Places shall have sixty (60) days from the enactment of any revisions to this Ordinance to fully comply with the new provisions of this Ordinance.
(f) Owners/operators of Nonresidential Parking Places shall face suspension of their valid Nonresidential Parking Place Insignia for any failure to fully comply with amendments to this Ordinance.
(g) Enforcement of this Section 763.12 shall be by the Police Department.
(h) The Bureau of Building Inspection shall immediately notify all current holders of nonresidential parking place insignia of the requirement to comply with subsection (d) (placement of a physical barrier) within 60 days.